R v Smith

R v Smith

Given the offender's youth, first‑offender status, lack of prior record, serious addiction and mental health issues, sustained engagement with treatment, strong family support and the risk that a lengthy custodial sentence would undermine rehabilitation, the sentencing objectives of denunciation and general deterrence are met by crediting 128 days pre‑trial custody and imposing a suspended sentence with three years probation, accompanied by specific rehabilitative and punitive probation conditions, a DNA order and restitution of $800 payable within five years.

Citation
2019 NSPC 60
Parties
Crown: Her Majesty the Queen; Defendant: Scott Alexander Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas accepted; global disposition: time served credited (128 days) with passing of sentence suspended and three years probation; DNA order and restitution imposed.
Legal Topics
Break and Enter, Breach of Recognizance, Sentencing Principles, Denunciation, General Deterrence, Rehabilitation, Credit for Time Served, DNA Order
Source Language
English
Criminal Law Sentencing Property Offences Probation Restitution Mental Health Addiction Break and Enter +7 more

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Parties

Her Majesty the Queen

Crown

Scott Alexander Smith

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for multiple break and enters and multiple breaches of recognizance committed by a first offender with addiction and mental health issues
  2. 2 Whether denunciation and general deterrence require a custodial sentence given mitigating factors
  3. 3 Whether restitution and DNA orders are appropriate and lawful in the circumstances

Ratio Decidendi

Given the offender's youth, first‑offender status, lack of prior record, serious addiction and mental health issues, sustained engagement with treatment, strong family support and the risk that a lengthy custodial sentence would undermine rehabilitation, the sentencing objectives of denunciation and general deterrence are met by crediting 128 days pre‑trial custody and imposing a suspended sentence with three years probation, accompanied by specific rehabilitative and punitive probation conditions, a DNA order and restitution of $800 payable within five years.

Court Disposition

Guilty pleas accepted; global disposition: time served credited (128 days) with passing of sentence suspended and three years probation; DNA order and restitution imposed.

Orders

  • Apportionment: Information 1 (May 23–Jun 1, 2018) B&E theft (dwelling) — time served + 3 years probation + DNA order; unlawfully in dwelling concurrent; Information 2 (May 30, 2018) B&E theft (business) — time served concurrent + restitution $800; Information 3 (Nov 11, 2018) B&E with intent (church) & breach...